The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-06-12

the Injunction as its means to
restrain persons who threaten to do
injury. There are precise rules to gov
ern the court of equity in restraining
certain acts. If the threat can be settled
by damages it goes to the court OF law.
and equity will not prevent, or remedy
afterwards. If the injury threatened is
one for which can be obtained no ade
ouate damages, then an injunction
will be allowed. Suppose A creates
nuisance land threatens to continue
this nuisancel it is continuing wrong,
and the parties suffering while it is con-
tinuous can only recover damages TO the
time of commencing suit. In order to
get complete remedy for any continu-
ing wrong, the only way is to bring
succession of suits. Rights that can
only be obtained by suits brought in
succession, and where the person must
continuously suffer, the legal remedy is
deemed inadequate. 1t is thought that
the preventive remedy in equity should
be used to stay the hand of the one
who would do others injury; therefore,
/ the Injunction can be made to have
him restrain. If he persists, and
says that he is doing right,
the court will stay the wrong, and will
only permit it when he shows he has
right to do the thing threatened, and
that plaintiff is complaining without
due cause. If the court finds The threat
is wrong, or would be if performed, the
court makes its preliminary perpetual
remedy. This is an adequate remedy,
because it stops the wrong, and has
power to permanently stop it. for If he
persists in carrying on the nuisance. or
| to perform any other wrong, this would
81 10 rNf of IF q M
could be arrested Immediately and
punished. So if party 10 contract
| is to do series of acts extending over
| a period of time for the benefit of the
other party and he fails in that con-
tract, and promises continuously to fail +,
| the question might arise at law whether
! they could assess damages all at once,
reaching into the future. Ii the latter.
then the asse sment of damages would
afford complete remedy and the case
would properly belong to the court OF
| law. If of such nature that the dam,
age allowed to be assessed is not ade-
quate, the court of equity must BE- ap-
piled to for an Injunction, and in this
way compel the specific performance.
| OF course before the final decree was
made the parties would have hearing,
and the rights of one and duty OF the
other C0ulQ De determined.
Court of equity has jurisdiction
akin to this in multitude of other
cases. Rights now unqaestionable
may be brought into jeopardy by some
| facts which might now be controverted,
but which could not in the future on
account of the death of witnesses. An
action may be brought by the person
whose rights may some day be brought
into jeopardy, and his right to this &C
| ton is based on the equity that per
son is entitled 10 his rights being set
tied now because he fears that if a con-
troversy is not had now, he will be I'M
able to maintain his rights. Suppose
man is in possession Of land having a
good title to it, and another man pre-
| tends to have title to the same land,
| and there was some record OF an ap-
parent right, but really no foundation
for his claim. The one pretending to
have a claim waits, and will not come
forward and assert his rights. The true
owner has a right to apply to equity
to compel the other to come into court
and establish his claim if he can, and
thus settle the matter while witnesses
could be obtained.
II important words are omitted, or II
BY mistake the contract is not as both
IL, hhO hAoeotAN -
discovered, equity has the right
to correct the mistakes. Complaint
can be filed asking the court
to reform and correct the contract
That court will hear all the facts which
transpired at the time of making the
contract, so that the court can correct
it, striking out some words and insert
ing others left out by mistake.
1t is intended by this lecture to give
, a general outline of cases over which
!, the court of equity has jurisdiction
This court does not send q process on
by marshal, as in law, but sends 8
subpoena to the defendant and has him
, answer, and after the case is heard the
: court directs itself to that person, anC
, does not say, like the law court. it i:
, considered that A recover from B, bu
} the equity court says: A, you pay tt
B so much money, or, do the act re
, quired to be done. The court deals witt
3 his conscience. 1t issues its mandate
3 in this way to compel you to do the re
: quired act, and if he does not do it, b.
3 can be held for contempt of court tn
same as in the case of injunctions
Under any legal system decree IL
&, equity is the same as the decree at law
: although it may assume different form
= | III OIUoT W mdhc tuC ucCIsc ChCOtlfc
< 1t is an execution either by injunction
f or by an issuance to collect something
e The student who wishes to becom
: proficient in this branch of the lay
!, must study equity as it was original,
g administered that the effects, G
e statutory law may be understood
D Law and equity must always be KEEP
distinct. In tho former there is trial b
- jury in the latter the chancellor is tn
e one who tries the case. This is the lin
f which separates them, and it must al
= ways be kept distinct.